Have sole discretion on roll revision, poll panel tells top court

Asserting its plenary powers under Article 324 of the Constitution, the Election Commission has told the Supreme Court that it has “complete discretion” over the policy of Special Intensive Revision (SIR) of electoral rolls, to the exclusion of any other authority.

In an affidavit filed in the top court, the poll panel, however, said, “Any direction to conduct an SIR at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the EC."

The EC said it was vested with constitutional and statutory powers to oversee the preparation and revision of electoral rolls. The affidavit was submitted in response to a PIL by advocate Ashwini Kumar Upadhyay, who sought a directive to the EC to conduct SIRs at regular intervals across states, particularly before elections, to ensure that only Indian citizens decide the polity and policy of the country.

The commission noted that through a July 5, 2025 letter addressed to all chief electoral officers of states (except Bihar), it had directed the initiation of pre-revision activities for SIR of electoral rolls with January 1, 2026, as the qualifying date. The EC had convened a conference of all CEOs in New Delhi on September 10.

The EC stated it is fully aware of its statutory responsibility to maintain the purity and integrity of the electoral rolls. In exercise of its powers under the Representation of the People Act, 1950, it had decided to conduct SIR in different states as outlined in the SIR order for Bihar issued on June 24, 2025.

Under Article 324 of the Constitution, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and state legislatures are vested in the EC, the affidavit affirmed.

“This constitutional provision forms the bedrock of the EC’s plenary authority in all matters relating to the preparation of electoral rolls and conduct of elections,” it said.

The EC added that Article 324 had been consistently interpreted by the Supreme Court to confer plenary powers upon it in relation to electoral roll preparation and the conduct of free and fair elections, including in areas where statutory law may be silent or insufficient.

The enabling provisions under the Representation of the People Act (RPA), 1950, and the Registration of Electors Rules, 1960, provided it powers to decide if an intensive or summary revision is appropriate, based on prevailing circumstances, the EC said.

Referring to Section 21 of the RPA, the EC said it provided for the preparation and revision of the electoral roll and vests a discretion in the poll panel as regards the timing of the revisional exercise.

"On a bare perusal of Section 21, it is apparent that the obligation to conduct a revision of the electoral roll is not couched within a timeline, but is a general obligation which is to be met before each general or legislative assembly election, or before each bye-election to fill a casual vacancy," it said, seeking dismissal of the PIL.

Referring to Rule 25 of the Registration of Electors Rules, 1960, the affidavit said, "On a bare perusal of Rule 25, it is further apparent that the decision to conduct a summary or an intensive revision of the electoral roll is left to the discretion of the ECI," it said.

On September 8, the Supreme Court on Monday asked the Election Commission to accept Aadhaar as the 12th Document for establishing a person’s identity for inclusion in the electoral rolls during the SIR of electoral rolls in poll-bound Bihar even as it clarified that Aadhaar was not a proof of citizenship and the poll panel was entitled to verify its genuineness before adding applicants’ names to electoral rolls.

On August 1, the EC came out with the 'draft electoral rolls' in Bihar, enlisting 7.24 crore voters. The final electoral roll will be out on September 30, 2025. Of the total 65 lakh voters removed from the draft electoral rolls, 22.34 lakh were dead and 36.28 lakh had permanently shifted or were absent while 7.01 lakh voters were enrolled at more than one places, the EC said.